Doctor never gives child eye exam and now eye is amblyopic 8 years old.

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nataiscous

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my daughter is 8 years old and in May of 2010 the school nurse did an eye exam on her she failed the test. She has been struggling in Reading since Kindergarten. Her teacher then said she might be a little Dyslexic but to early to tell. I even asked would that have anything to do with her eyes. She replied no.
When she came home at the end of second grade telling me she failed the eye exam I took her to the DR. immediately. The DR looks at his records and says oh we never gave her an eye exam we usually do at 4 years old. Needless to say no eye exam was performed. He gave me a referal to the eye DR. who said she was amblyopic in one eye. This means that one eye shuts down and the other one does all the work. He said unless an eye exam is done it's very hard to tell. In her case the eye did not wander and it is sometimes called lazy eye. He claimed the only time the eye can be repaired is between the ages of 4-8. After that it doesn't respond well. Right now he has her patching her eye everyday for four hours hoping for the nerves to grow. I guess she can eventually go blind in the eye. If the Dr. would have noticed this on the well checks we do every year he would of most likely noticed she only has 20/100 in one eye and 20/30 in the other. She cant even make out 5 letters at a distance she thinks it's three. I feel like my daughter has to suffer the rest of her life because of this. When I took my 8year old to get a referal to the eye DR my 2 year old went with me. I wanted a referal for her too. The Dr wouldn't give me one and said just because your 8yr old has it doesn't mean she will have it. I see no reason in given her a referal her eye doesn't wander etc. Well either does my 8year olds. The eye Dr couldn't believe he wouldn't give me a referal for the 2yr old. Anyway I had to pull teeth but I got the referal. Turns out she will need glasses too. luckily if she does have amblyopia I'll be able to treat it. I just wondered if I had a case against the Dr. Since he never did an eye exam my daughter might be blind for the rest of her life in one eye. If you read anything about amblyopia it claims the best outcome is accomplished if treated between 5-8.
 
Most insurance plans don't permit you to sue their physicians. The plans require you to take disputes to mediation or arbitration. Read the fine print associated with your plan.

If you are covered by a government plan for income challenged families, your battle to bring a lawsuit will be all but impossible.

You can speak with an attorney. I doubt that you have a case anyway. Why? The child isn't blind, and hopefully the child won't be further harmed.

Your child may never be harmed. Your child may get better. Let's hope so.
 
In order for there to be negligence you would have to show that the doctor had reason to send the girl for the eye exam and failed to do so. Just because the exam is frequently done at a certain age does not mean that it is required, and it doesn't mean the doctor is negligent for not making a referral at a certain age.
 
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